SIYALALROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner has impugned the order of suspension, Annexure 4, whereby the petitioner has been placed under suspension for disobedience of the directions contained in the letter of the department being No. 468 dated 1,8-5-1993 and letter No. 885, dated 5-8-1993 whereby he was directed to handover charge as Special officer of the Municipality, Jehanabad and to report compliance. The petitioner contends that the order of suspension is wholly arbitrary and for no fault of the petitioner. It appears from Annexure 1 that by an order issued in the name of Governor of Bihar, the petitioner was appointed by the Governor to the post of Special Officer. Jehanabad Municipality, in addition to his duties as Assistant Engineer, Wafer Ways Division, Jehanabad. The appointment was till further orders. It is not disputed that this order was passed in the name of the Governor and, therefore, must be considered to be an order passed by the Government of Bihar.

(3.) From Annexure 2 it is apparent that the Additional Secretary in the Water Resources Department wrote to the District Magistrate, Jehanabad, directing the District Magistrate to relieve the petitioner as Special Officer of the Municipality and to hand over the charge of that office to any executive magistrate. By Annexure 3, dated 14th June, 1993, the District Magistrate wrote to the Secretary, Rural Development Department forwarding the letter received by him from the Addl. Secretary of the Water Resources Department in connection with relieving the petitioner as Special Officer of the Municipality He referred to the notification dated 8th June, 1993, issued by order of the Governor of Bihar and requested the Secretary to seek clear decision at the State level and to issue clear direction in this regard. It appears from Annexure 'C' that by letter dated 2nd April. 1993, he had addressed a similar letter to the Addl. Secretary, Water Resources Department seeking clear orders on the subject Annexure 'D' is a letter addressed by the Addl. Secretary to the District Magistrate, Jehanabad, directing him to relieve the petitioner of his responsibilities as Special Officer and to hand over charge of that office to any other executive Magistrate Annexure 'E' is again a letter addressed to the District Magistrate to the same effect. These two letters Annexures 'D' and 'E' are dated 18-5-1993 and 5-8-1993. The impugned order has been passed thereafter.